| Citation(s) |
|---|
| 2007 SLG 456 2007 SLD 456 2007 SCMR 105 |
Supreme Court of Pakistan
Civil Appeal No.1453 of 2006 and Civil Petition No.92-Q of 2006, decision dated: 18-08-2006. (On appeal from the judgment, dated 25-7-2006 of the High Court of Balochistan, Quetta, passed in Civil Petition No.223 of 2006)
JAVED IQBAL AND RAJA FAYYAZ AHMED, JJ
Syed Ayaz Zahoor, Advocate Supreme Court and M.W.N. Kohli, Advocate-on-Record for Petitioner. Salah-ud-Din Mengal, Advocate-General for Official
Respondent.Kamran Murtaza, Advocate Supreme Court and Mir Aurangzeb, Advocate-on-Record for Intervener
Civil Appeal No.1453 of 2006 and Civil Petition No.92-Q of 2006, decision dated: 18-08-2006. (On appeal from the judgment, dated 25-7-2006 of the High Court of Balochistan, Quetta, passed in Civil Petition No.223 of 2006)
JAVED IQBAL AND RAJA FAYYAZ AHMED, JJ
Syed Ayaz Zahoor, Advocate Supreme Court and M.W.N. Kohli, Advocate-on-Record for Petitioner. Salah-ud-Din Mengal, Advocate-General for Official
Respondent.Kamran Murtaza, Advocate Supreme Court and Mir Aurangzeb, Advocate-on-Record for Intervener
Sardar NASEER AHMED MOOSIANI
VS
CHIEF EXECUTIVE/CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA and others
Law: Balochistan Local Government Ordinance (XVII of 2001)
Section: 21
Law: Constitution of Pakistan, 1973
Section: 185(3)
Balochistan Local Government Ordinance (XVII of 2001)--- ----S. 21---Notification No.5-41/2004(BLCEA)/Vol-VIII/2692-2700, dated 12-5-2006---Constitution of Pakistan (1973), Art.185(3)---Resignation---Genuineness and authenticity---Determination---Chief Minister, powers of---Grievance of petitioner was that he being Nazim had denied having tendered any resignation from the seat but alleged resignation was accepted by the Government---Validity---Leave to appeal was granted by Supreme Court to consider; whether legal and factual aspects of the controversy were appreciated in its true perspective by High Court, while dismissing constitutional petition preferred on behalf of the petitioner; whether genuineness and authenticity of resignation allegedly tendered by petitioner was above board or otherwise; whether Chief Minister had acted with diligent application of mind while exercising powers as conferred upon him under S.21 of Balochistan Local Government Ordinance, 2001, and accepted alleged resignation tendered by petitioner; whether acceptance of resignation smacked of mala fides specially when a categoric denial was made for tendering such resignation on behalf of petitioner and published in different newspapers; whether petitioner had performed his functions as Nazim after tendering alleged resignation and it was in the knowledge of Provincial Government; whether petitioner had any legal right to claim seat of Nazim on the basis of Notification No.5-41/2004(BLCEA)/Vol-VIII/2692-2700, dated 12-5-2006, whereby officiating charge of Nazim was given to him and whether passed by High Court was in consonance with the law declared by Supreme Court in case titled Muhammad Munir-ul-Haq v. Muhammad Latif Chaudhry, reported as 1992 SCMR 2135. Muhammad Munir-ul-Haq v. Muhammad Latif Chaudhry 1992 SCMR 2135; Farzand Ali v. Province of West Pakistan through Secretary Department of Agriculture, Government of West Pakistan, Lahore PLD 1970 SC 98; Gokaraju Rangaraju v. State of Andhra Pradesh AIR 1981 SC 1473; Secretary, Government of Punjab Food and Cooperation Department v. Shamoon Bahadur PLD 1979 SC 835; Province of Punjab through Deputy Director, Food Rawalpindi Region v.…
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